D. RAMASWAMI versus STATE OF TAMIL NADU

D. RAMASWAMI versus STATE OF TAMIL NADU

Compulsory retirement cannot be sustained when a government servant is promoted to a selection post on grounds of merit and ability, is fully exonerated from prior adverse charges, and has no adverse entries thereafter; promotion and absence of negative conduct override prior history.

Source-derived case information.

Parties
Appellant: D. Ramaswami; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
28 January 1982
Procedural Posture
Civil Appeal / Appeal From Madras High Court Judgment and Order Dated April 19, 1978 in Writ Appeal No. 224/78
Outcome
Appeal allowed
Legal Topics
Compulsory Retirement, Fundamental Rule 56(d), Promotion, Adverse Entries, Confidential Reports
Service Law Compulsory Retirement Fundamental Rule 56(d) Promotion Adverse Entries Confidential Reports

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. Ramaswami

Appellant

State of Tamil Nadu

Respondent

Procedural Posture

Civil Appeal / Appeal From Madras High Court Judgment and Order Dated April 19, 1978 in Writ Appeal No. 224/78

Legal Issues

  1. 1 Validity of compulsory retirement under Fundamental Rule 56(d) following promotion and absence of adverse entries

Ratio Decidendi

Compulsory retirement cannot be sustained when a government servant is promoted to a selection post on grounds of merit and ability, is fully exonerated from prior adverse charges, and has no adverse entries thereafter; promotion and absence of negative conduct override prior history.

Court Disposition

Appeal allowed

Orders

  • G.O. Ms. No. 1112 dated September 19, 1975 is quashed
  • Appellant reinstated in service